PADAM KUMAR JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

(2.) This application is directed against the order dated 28.02.2002 passed in G. R. No. 23 of 2011 whereby and whereunder cognizance of the offence punishable under Section 9 -B (1) (b) of the Explosive Act, 1884 (in short 'the Act') has been taken against the petitioner.

(3.) The case of the prosecution is that when the information was received that explosive is being used in absolutely illegal manner in the mines which belongs to the petitioner, a raid was laid wherein it was found that 42 holes have been made wherein in each of the holes, gelatin had been put in for the purpose of blasting but how much quantity was there in each of the holes that was not maintained in the register. At the same time, it was found that there has been no arrangement to ensure that within 100 meters no one reaches at the time of blast. Further it was found that a relevant register which was required to be maintained under the Act have never been maintain by the petitioner. On such allegation, F.I.R. was lodged which was registered as Noamundi P. S. Case No. 1 of 2011 under Sections 3 (A) & (B) of the Explosives Substance Act, 1884 and also under Section 9 -B (1) (b) of the Explosives Act.